T-2659482
Decided by the Board April 30, 1953
Suspension of deportation, 7 years' residence — Section 19 (c) (2) (b) of the Immigration Act of 1917, as amended — Exercise of discretion — Board of Immigration Appeals — Jurisdiction to reopen.
(1) The exercise of the discretionary power to grant suspension of deportation pursuant to section 19 (c) of the Immigration Act of 1917, as amended, is not warranted in the case of an alien admitted as a transit with other survivors of a shipwrecked vessel on which he had been serving as a seaman where there are no dependents or close family ties in the United States and there are no outstanding equities to warrant such relief.
(2) The Board of Immigration Appeals has no jurisdiction to reopen on the basis of a respondent's claim of physical persecution if deported to a particular country since the place to which an alien is deportable and the execution of the order of deportation are not matters appropriately before the Board.
CHARGES:
Warrant: Act of 1924 — remained longer-seaman.
Lodged: Act of 1924 — no immigration visa.
BEFORE THE BOARD
Discussion: This is the appeal of a 39-year-old married male alien, native and citizen of China from a decision of the hearing officer at Boston on or about June 26, 1952, finding the alien deportable on the charge lodged in the proceedings and granting voluntary departure with the additional order which provides for deportation in event the alien fails to depart.
Counsel has appeared in oral argument. A brief has been submitted in support of the appeal. It is requested that the alien be granted the maximum discretionary relief or that the proceedings be reopened to determine whether the respondent would suffer physical persecution if deported to China and for other reasons relative to denial of suspension of deportation.
Briefly, the facts in this case show that this alien last entered the United States on October 5, 1942, as a transit. It appears that he arrived on a United States warship with other survivors of a ship-wrecked vessel on which he had been serving as a seaman. He had previously arrived in the United States as a seaman in 1941. He has not departed from this country since October 5, 1942. He has no dependents or close family ties in this country.
We have carefully considered the evidence in this case relating to the alien's application for maximum discretionary relief. Notwithstanding the fact that he has had 7 years' residence in this country, we find that suspension of deportation is not warranted for the reason that there are no outstanding or meritorious factors in the case. We do not authorize suspension of deportation in 7 year cases where there are no dependents or close family ties in this country and there are no outstanding equities to warrant that relief. This application for suspension of deportation will be denied as a matter of administrative discretion.
We find the exceptions of counsel to be without merit. The place to which an alien is deportable and the execution of an order of deportation are not matters appropriately before this Board. Moreover, this respondent has been granted voluntary departure to any country of his choice if he desires to depart at his own expense. We find no reason to reopen this proceeding at this time for further findings. The appeal will be dismissed.
Order: It is ordered that the alien's application for suspension of deportation be denied.
It is further ordered that the appeal from a decision of the hearing officer at Boston on or about June 25, 1952, be and the same is hereby dismissed.